§ 33-01-010. Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. Words not defined shall be given their common and ordinary meaning.
A.
Basic cable service means any service tier which includes the retransmission of local television broadcast signals.
B.
Cable television system or system , also referred to as cable communications system or cable system , means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:
(1)
A facility that serves only to transmit television signals of one or more television broadcast stations;
(2)
A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility uses any public rights-of-way;
(3)
A facility of a common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or
(4)
Any facilities of any electric utility used solely for operating its electric utility system.
C.
Cable service means the total of the following:
(1)
The one-way transmission to subscribers of video programming or other programming service; and
(2)
Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
D.
Channel or cable channel means a portion of the electromagnetic frequency spectrum which is used in a cable system which is capable of delivering a television channel as defined by the Federal Communications Commission.
E.
Commission means the city commission of the City of Alamogordo.
F.
Educational or government access facilities or EG access facilities means the total of the following:
(1)
Channel capacity designated for noncommercial educational or government use; and
(2)
Facilities and equipment for the use of such channel capacity.
G.
Franchise means an initial authorization, or renewal thereof, issued by the city commission, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.
H.
Franchise agreement means a franchise grant ordinance or a contractual agreement, containing the specific provisions of the franchise granted, including references, specifications, requirements and other related matters.
I.
Franchise fee means any fee or assessment of any kind imposed by a franchising authority on a grantee as compensation for the grantee's use of the public rights-of-way. The term "franchise fee" does not include:
(1)
Any tax, fee or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discriminatory against cable operators or cable subscribers);
(2)
Capital costs which are required by the franchise to be incurred by grantee for public, educational, or governmental access facilities;
(3)
Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or
(4)
Any fee imposed under Title 17, United States Code.
J.
Grantee means any person receiving a franchise pursuant to this chapter and under the granting franchise ordinance or agreement, and its lawful successor, transferee or assignee.
K.
Grantor or city means the City of Alamogordo as represented by the commission or any delegate acting within the scope of its jurisdiction.
L.
Gross annual receipts means the annual gross receipts received by a grantee from all sources of operations of the cable television system within the city utilizing the public streets and rights-of-way for which a franchise is required in order to deliver such cable service, excluding refundable deposits, rebates or credits, except that any sales, excise or other taxes or charges collected for direct pass-through to local, state or federal government, other than the franchise fee, shall not be included.
M.
Initial service area means the area of the city which will receive service initially, as set forth in any franchise agreement.
N.
Installation means the connection of the system to subscribers' terminals, and the provision of service.
O.
Person means an individual, partnership, association, joint stock company, trust, corporation or governmental entity.
P.
Section means any section, subsection or provision of this chapter.
Q.
Service area or franchise area means the entire geographic area within the city as it is now constituted or may in the future be constituted, unless otherwise specified in the franchise granting ordinance or agreement.
R.
Service tier means a category of cable service or other services provided by a grantee and for which a separate rate is charged by the grantee.
S.
State means the State of New Mexico.
T.
Street means each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public property and areas that the grantor shall permit to be included within the definition of street from time to time.
U.
Subscriber means any person who or which elects to subscribe to, for any purpose, a service provided by the grantee by means of or in connection to the cable system, and who pays the charges therefor.
(Ord. No. 958, § 1, 10-24-95)